New Semester Started
Get
50% OFF
Study Help!
--h --m --s
Claim Now
Question Answers
Textbooks
Find textbooks, questions and answers
Oops, something went wrong!
Change your search query and then try again
S
Books
FREE
Study Help
Expert Questions
Accounting
General Management
Mathematics
Finance
Organizational Behaviour
Law
Physics
Operating System
Management Leadership
Sociology
Programming
Marketing
Database
Computer Network
Economics
Textbooks Solutions
Accounting
Managerial Accounting
Management Leadership
Cost Accounting
Statistics
Business Law
Corporate Finance
Finance
Economics
Auditing
Tutors
Online Tutors
Find a Tutor
Hire a Tutor
Become a Tutor
AI Tutor
AI Study Planner
NEW
Sell Books
Search
Search
Sign In
Register
study help
business
criminal law
Contemporary Criminal Law Concepts Cases And Controversies 2nd Edition Mashood A. Baderin - Solutions
What are some of the factors that aggravate a property offense?
Discuss the use or threat of harm requirement in regard to robbery.
How do courts interpret the “taking and carrying away” element of larceny? Why did the common law require a “carrying away”of property?
What are the elements of carjacking?
Distinguish robbery from extortion.
How does robbery differ from larceny?
What is the difference between forgery and uttering?
What is a prosecutor required to prove beyond a reasonable doubt in order to establish the crime of receiving stolen property?How does the punishment of this offense deter theft?
Why have states passed legislation to address computer crimes rather than using existing statutes punishing crimes against property?What types of acts are prohibited under these statutes?
Describe the harm to society caused by identity theft. What is the reason that states found it necessary to adopt new criminal statutes punishing identity theft?
Why did various states adopt consolidated theft statutes?
Distinguish between the requirements of larceny, embezzlement, and false pretenses.
Provide an example of how the common law of larceny developed in response to the growth of business and commerce.
Discuss the justifications for crimes against habitation. Is it accurate to continue to categorize burglary and arson as crimes against habitation?
What are some factors that aggravate burglary, arson, trespass, and criminal mischief?
Compare and contrast arson and criminal mischief.
What are the three types of acts that satisfy the actus reus of criminal mischief?
Define arson. How have modern statutes modified the common law crime of arson?
What is the difference between burglary and trespass?
What is the definition of burglary? How have the elements of the common law crime of burglary been modified by modern statutes?
Discuss the purpose of the various grades of murder and dividing homicide into murder and manslaughter. Why do we make all these technical distinctions between types of homicide?
Discuss the difference between negligent homicide and misdemeanor manslaughter. Why is misdemeanor manslaughter termed unlawful-act manslaughter in some states?
Should the law recognize the offense of voluntary manslaughter? Why not?
What acts constitute adequate provocation? What must the defendant prove to establish heat of passion? At what point does a defendant’s blood “cool”?
Define voluntary manslaughter.
Discuss the legal standards for holding a corporation liable for first-degree murder and for involuntary manslaughter. Is there a social benefit in holding corporations liable for homicide?
Why does the law provide for the offense of felony murder? What are the arguments for and against the felony-murder rule?
Define depraved heart murder.
What is the difference between first- and second-degree murder?
Differentiate first-degree murder from first-degree capital or aggravated homicide.
Discuss the historical origins and development of criminal homicide into murder and manslaughter. Can you distinguish between murder and manslaughter?
Distinguish between false imprisonment and kidnapping.
What is the definition of kidnapping? What are the various approaches to the asportation requirement?
What is the relationship between the crime of stalking and a criminal assault?
Discuss the two ways to commit an assault.
What are the requirements of a battery? Describe the difference between a simple and an aggravated battery.
Distinguish an assault from a battery.
What is the purpose of rape shield laws? Are there exceptions to rape shield laws?
May an individual who withdraws consent claim to be the victim of rape?
Is a defendant’s belief that another individual is above the age of lawful consent a defense to statutory rape? What of the female’s past sexual experience?
What are the three approaches to the defense of mistake of fact in the mens rea of rape?
In addition to force, what other means might a perpetrator employ to satisfy the actus reus requirement in the law of rape?
Distinguish the standard of extrinsic force from the intrinsic force standard in the law of rape.
What elements distinguish a simple or second-degree rape from aggravated or first-degree rape?
Describe the changes in the law of rape introduced by the reform statutes of the 1970s and 1980s.
How did the common law define rape? List some of the barriers to establishing rape under the common law.
Why does “date rape” present a challenge to prosecutors?
What was the original justification for the crime of rape?
Write a brief essay summarizing the law of excuses and stress their common characteristics.
Under what conditions should defendants younger than eighteen be prosecuted as “adult offenders”?
Outline the debate over the insanity defense and various efforts at reform. Would you favor abolishing the insanity defense?
Provide some examples of the “new defenses.” How do these differ from established criminal law defenses? Do you agree that some of these defenses deserve to be criticized as “abuse excuses”?
What are the two tests of entrapment? How do these two tests differ from one another? Explain the relationship between these two tests for entrapment and the due process approach.
Discuss the difference between the mistake of law and mistake of fact defenses.
What are the elements of the duress defense?
Describe the common law defense of infancy. How has this been modified under contemporary statutes?
Distinguish between the defenses of voluntary and involuntary intoxication.
Discuss the purpose of the diminished capacity defense. What is the result of the application of the defense to a defendant charged with a crime requiring a specific intent?
Define and distinguish between the four major legal approaches to legal insanity.
Write a brief essay outlining justification defenses.
Why do most state legal codes provide that an individual cannot consent to a crime? What are the exceptions to this rule?
What are the elements of the necessity defense? Provide some examples of the application of the defense.
Why have the overwhelming majority of states abandoned the defense of resistance to an illegal arrest? Distinguish this from the right to resist excessive force.
How does the rule regulating police use of deadly force illustrate the defense of execution of public duties? Does this legal standard“handcuff” the police?
What is the law pertaining to the defense of the home? Discuss the policy behind this defense. Compare the laws pertaining to defense of habitation and self-defense.
What are the two approaches to intervention in defense of another? Which test is preferable?
Distinguish the affirmative offenses of justification and excuse.
At what point is the crime of solicitation complete? Is a solicitation required to reach the individual to whom it is directed?
Distinguish between the wheel and chain approaches to conspiracy. Explain why defendants may argue that there are multiple conspiracies rather than a single conspiracy.
Is there a difference between the bilateral and unilateral approaches to a conspiratorial agreement?
Why is there a defense of abandonment for attempts? What are the legal elements of this defense?
How does the Model Penal Code substantial step test differ from the test of physical proximity to attempts? What types of acts satisfy the substantial step test?
Is it constitutional to hold parents strictly and vicariously liable for the criminal acts of their children? In your view, are there any situations in which parents should or should not be held vicariously liable?
What constitutional considerations are involved in holding the owner of an automobile vicariously liable for the traffic tickets issued to the car?
How does the language of a statute determine whether a corporation may be held vicariously liable? What are the two primary tests for determining corporate liability? Discuss some of the arguments for and against the vicarious liability of corporations.
What are the requirements for an individual to be considered an accessory after the fact? Is this considered as serious a criminal violation as that of being an accomplice?
Discuss the mens rea of accomplice liability. Distinguish this from the minority position that “knowledge” is sufficient. How would these two approaches result in a different outcome in a case? Which approach do you favor?
What actus reus is required for an accomplice? Provide some illustrations of acts satisfying the actus reus requirement. What is the mere presence rule? Is there an exception to the mere presence rule?
Illustrate the definition of common law accomplices and accessories using the example of a bank robbery. Should accomplices be held liable for the same crime as the primary perpetrator of the crime?
What were the four categories of common law parties? How does this differ from the modern categorization of parties?
Are we too concerned with criminal intent? Why not impose the same punishment on criminal acts regardless of an individual’s intent? Is the father or mother of a child hit by a car concerned whether the driver was acting intentionally, knowingly, recklessly, or negligently?
What is the approach of the Model Penal Code toward causality? Use some of the cases in the text to illustrate your answer.
Provide concrete examples illustrating a coincidental intervening act and a responsive intervening act that do not break the chain of causation. Now provide examples of coincidental and intervening acts that do break the chain of causation.
Discuss the test for determining whether coincidental intervening acts and responsive intervening acts break the chain of causation.
What is the difference between a coincidental intervening act and a responsive intervening act? Provide examples.
What is meant by the statement that legal or proximate cause is based on a judgment of what is just or fair under the circumstances?How does this differ from the determination of a cause in fact or a “but for” analysis?
Explain the statement that an individual’s criminal act must be shown to be both the cause in fact and the legal or proximate cause.
Disputes over causation typically arise in prosecutions for what types of crimes?
What is the importance of the principle of concurrence? Provide an example of a lack of concurrence.
What is the difference between a crime requiring a criminal intent and strict liability?
What is the reason that the law requires a mens rea?
Is there a difference between the American and European rules on omissions? What are the reasons behind the American rule?When does a duty arise to intervene to assist an individual in peril?
What is the reason for requiring a voluntary act? Provide some examples of acts that are considered involuntary. May a defendant be criminally condemned for reckless driving despite the fact that an accident results from a stroke?
Outline the debate over whether the possession of crack cocaine should be punished more severely than the possession of powder cocaine. What is the approach under the federal sentencing guidelines and in most states?
What is the legal test for determining whether a law that is neutral on its face is in violation of the Equal Protection Clause?
Why is it a violation of equal protection for race, gender, religion, ethnicity, or nationality to play a role in sentencing?
What is the approach of courts that are asked to decide whether a sentence for a “term of years” is proportionate to the crime?Why do judges take such a hands-off approach in this area?
Discuss the efforts of the Supreme Court to ensure that the death penalty is applied in a proportionate fashion.
How do courts determine whether a method of punishment is prohibited under the Eighth Amendment? Does lethal injection constitute cruel and unusual punishment?
List the three protections provided under the Eighth Amendment.
Showing 5100 - 5200
of 5213
First
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Step by Step Answers
Get 50% OFF
Study Help!
Claim Now
